Criminal Defense Lawyer Blog
While marijuana has been sold recreationally in Maryland for over a year, the Ocean City town government had been reluctant to play along with the rest of the state. Recreational marijuana dispensaries opened for business in Maryland on July 1, 2023, but a moratorium on cannabis sales prevented dispensaries from operating anywhere in the town limits of Ocean City. This week the town government finally lifted the ban with the unanimous passage of a zoning ordinance that aligns the town with the statewide cannabis policy. Marijuana can now be sold for recreational purposes provided licensed dispensaries are located at least 100 feet from any residentially zoned area and 500 feet from any pre-existing primary or secondary school or childcare facility. Pot shops must also be more than 500 feet from pre-existing playgrounds, recreational centers, libraries, public parks and places of worship. The town also reserves the right to assure dispensaries are separated by a minimum of 1,000 feet from each other and up to .5 mile. There is no language in the ordinance that mentions whether dispensaries would be allowed on the famous boardwalk, so it seems this popular area would be open for business. Licensed dispensaries would be able to operate from 8 in the morning to 11 at night which gives retailers 3 more hours to sell their product. The previous hours of operation were limited to 9 a.m. to 9 p.m. Bars in the town are permitted to sell liquor until 2 a.m., and as a result there hasn’t been much resistance from the public for the extended hours.
Alcohol remains a more pressing issue for Ocean City law enforcement, as there were more than 30 DUI arrests in July compared to one marijuana citation during the same period. As with the rest of the state, it remains to be seen whether opening recreational dispensaries will bring any negative attention to Maryland’s only beachfront town. Up until now there have been no dramatic public safety consequences of legalizing marijuana for recreational use in Maryland, and there is no reason to think Ocean City would not be able to enjoy the benefit of increased commerce without any potential public safety risk.
The Blog will continue to follow the implementation of recreational cannabis in Ocean City and all other Maryland jurisdictions. We may post a follow up article in the near future so stay tuned. If you have a question about the cannabis laws or have been charged with a crime, contact Maryland criminal defense lawyer Benjamin Herbst anytime for a free consultation. Benjamin specializes in drug crimes such as importation of cannabis over 5 kilograms, which is still a felony under Maryland criminal law 5-614. This offense carries up to 10 years in prison, which jumps to 25 years in prison if the amount is over 45 kilograms. Benjamin also has extensive experience defending clients charged with possession with intent to distribute marijuana in Ocean City and all other Maryland jurisdictions, which is now a misdemeanor under state law. Defendants who are arrested with a firearm and a large quantity of marijuana are often charged incorrectly with possession of a firearm in a drug trafficking crime, but this charge would not apply unless the facts support an importation charge. Only felony drug offenses are classified as drug trafficking crimes under Maryland law. A person could easily face firearm drug trafficking charges if police find a decent amount of cocaine, heroin, meth or MDMA along with a gun, but not for less than 12 pounds of weed. Contact Ocean City criminal defense lawyer Benjamin Herbst anytime for a free consultation about your Maryland drug or gun case at 410-207-2598.
Resources:
Ocean City Officials Pass new Cannabis Ordinance, Opening the Door for Dispensaries, wboc.com.